Thank You Legal Beagles ...But What's Happening Now!!

[Slow Al]

So, thank you again regarding a claim from a water company.

Following the Forum advice I defended the claim and then received a letter from Shulmans LLP on 07-Mar saying " We have been instructed by our client to discontinue the claim with no order as to costs" ...happy days!

Then on 16-Mar I received another document from Northampton CCBC 'Notice of Proposed Allocation to the Small Claims Track' (N149A), with a questionnaire attached 'Directions Questionnaire (Small Claims Track) (N180) which it says has to be completed and returned to the court by the 01-Apr. So, I rang CAB again, who've been little help to be honest and in the meantime this morning I received the same questionnaire (N180) filled in and sent to me directly from the water company, with court dates etc, etc!

Please, what on earth is going on, it's like watching the film Jaws, just when you think it's over ........!!

I'll be very grateful for any advice again from you guys??

Best wishes,
Al

[charitynjw]

If it were me I'd phone both Shulmans & the court to find out what is going on.

Then, if the discontinuence is kosher, email both with a copy of the notice attached.

Happy fishing!

[Slow Al]

If it were me I'd phone both Shulmans & the court to find out what is going on.

Then, if the discontinuence is kosher, email both with a copy of the notice attached.

Happy fishing!

Hi charitynjw, many thanks for taking the time to reply.

That's a bit worrying, surely they can't send me a letter on headed note paper saying no further action and then still take action!

My first guess was that the various departments just weren't talking to each other, but my concern is not keeping up to date with something by law that I have to do because of the discontinuance letter and then Shulmans getting me over some loophole!

So, I was hoping someone might have had experience of this situation?

Thanks,
Al

[charitynjw]

Gawd knows what they're playing at.

A quick 'phone call should shed some light on it.

I'd phone the court first...see if a discontinuence was ever filed.

[Slow Al]

Hi charitynjw, many thanks for taking the time to reply.

That's a bit worrying, surely they can't send me a letter on headed note paper saying no further action and then still take action!

My first guess was that the various departments just weren't talking to each other, but my concern is not keeping up to date with something by law that I have to do because of the discontinuance letter and then Shulmans getting me over some loophole!

So, I was hoping someone might have had experience of this situation?

Thanks,
Al

Sounds like a good idea "I'd phone the court first...see if a discontinuence was ever filed"

Thanks again charitynjw

[Amethyst]

I agree with charity - sounds like the notice of discontinuance wasn't filed so give court a call, and maybe shulmanns on Monday - if it hasn't been filed then complete and return your n180 and when sending your copy to the claimants include a copy of the discontinued letter.

[Slow Al]

I agree with charity - sounds like the notice of discontinuance wasn't filed so give court a call, and maybe shulmanns on Monday - if it hasn't been filed then complete and return your n180 and when sending your copy to the claimants include a copy of the discontinued letter.

Many thanks Amethyst for your comments, if I can just add that my plan was to do just that, send a copy of the Shulmans letter with a completed N180 and my reply in Section C1 "Do you agree that the small claims track is the appropriate track for this case?" checking the "No" box.

By the way in the water company's copy of the N180 received this morning, they have checked Section C1 "Yes", this case is appropriate for Small Claims track!!!

But then I have to ".....say why not and state the track to which you believe it should be allocated?"

The form N180 doesn't seem to apply to someone in my situation, in other words, the fact that the claimant has already discontinued ...but then if I don't complete and send it back then surely I'm risking upset the court.

Or am I getting too wound up about this!

Thanks,
Al

[charitynjw]

....... and my reply in Section C1 "Do you agree that the small claims track is the appropriate track for this case?" checking the "No" box.

Unless it is for over £10.000, Small Claims will be the appropriate choice.

& do not contest jurisdiction.

[Slow Al]

Unless it is for over £10.000, Small Claims will be the appropriate choice.

& do not contest jurisdiction.

Please, I very much appreciate the time spent replying to me, especially this time of evening, but why do I need to fill in this form N180, it is directing me to a court hearing and I have a letter from the clients Solicitor saying they want to drop the case ....this makes no sense!!!

[charitynjw]

Obviously a mistake has been made somewhere, or at least a change of mind.

Phone them both on Monday, & depending on what is said (by the court), complete & return the N180.

[Slow Al]

Obviously a mistake has been made somewhere, or at least a change of mind.

Phone them both on Monday, & depending on what is said (by the court), complete & return the N180.

OK, will do, again, many many thanks for your time!